Dilapidations represent one of the most contentious and financially significant aspects of commercial lease cycles. Whether you are a landlord seeking to protect the value of your asset or a tenant looking to mitigate a substantial claim, MM Building Surveyors provides the technical rigour and strategic negotiation skills required to achieve a fair settlement. With extensive experience in the Dilapidations Protocol, we navigate the complexities of lease covenants to ensure our clients’ interests are protected.
The outcome of a dilapidations claim depends on a forensic understanding of the lease and the actual state of the property. We do not just tick boxes; we build a technical case based on building pathology, current market costs, and the specific “yield up” obligations of the lease.
Our Dilapidations expertise provides:
Forensic Lease Analysis: Reviewing all legal documents, including Licences for Alterations and original Schedules of Condition.
Strategic Negotiation: Working to achieve the optimum financial settlement through the formal Scott Schedule process.
Technical Accuracy: Providing evidence based reporting that stands up to scrutiny in legal proceedings.
Exit Strategy Planning: Advising tenants on the most favourable route, whether that is a financial settlement or managing the works prior to the lease end.
Our team operates across London and the Southeast, representing clients in complex negotiations for industrial, commercial, and retail premises.
Dilapidations claims are increasingly influenced by modern compliance requirements. We ensure that any claim considers the latest Cladding and Fire Safety standards and potential RAAC Surveys that may impact the building’s value.
For those looking to acquire new premises after a lease end, our Pre-Acquisition Building Surveys ensure that you do not inherit a new set of dilapidations liabilities in your next property.
A Scott Schedule is a document used in negotiations that lists every item of claim in one column, with the Landlord’s surveyor’s comments and the Tenant’s surveyor’s response in adjacent columns. It allows for a line-by-line negotiation of the works and associated costs.
This depends on the lease terms and the nature of the repairs. Carrying out the works can often be cheaper for a tenant as they control the procurement, but it must be finished before the lease ends. A financial settlement provides a “clean break” but often includes the Landlord’s costs for supervision and loss of rent.
A Schedule of Condition taken at the start of the lease limits the tenant’s repairing liability to the state of the building at that time. Without one, a tenant may be legally required to put a building into a better state of repair than it was when they first moved in.
We would love to speak with you. Feel free to reach out using the below email or form.
office@mmbuildingsurveyors.co.uk
